R (Secretary of State for the Home Department) v Immigration Appeal Tribunal

Subject Matter

IMMIGRATION — Immigration Appeal Tribunal — Appeal to — Secretary of State refusing applicant's claim for asylum — Special adjudicator allowing applicant's appeal — Secretary of State appealing to Immigration Appeal Tribunal — Tribunal chairman sitting alone at preliminary hearing remitting matter to special adjudicator for rehearing — Differently constituted full tribunal rescinding chairman's decision — Whether chairman entitled to remit — Whether remittal final determination of appeal — Whether tribunal entitled to rescind previous interlocutory decision — Immigration Act 1971, ss 20, 22(2)(a) — Asylum and Immigration Appeals Act 1993, s 9(1) — Immigration Appeals (Procedure) Rules 1984, rr 21, 38 — Asylum Appeals (Procedure) Rules 1996, rr 17(2), 44

[2001] QB 1224; [2001] 3 WLR 164